Renters Rights for Pets
Renters with pets have rights when dealing with property owners. While many of these rights are common, both property owners and tenants can be unaware of them. There are federal, state and local laws that can help you if you know about them. If you are planning to get a pet, or already have a pet in a rental unit, you should be aware of your renter's rights if you run into trouble.
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Federal Regulations
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Federal housing regulations were written for elderly or handicapped renters who live in assisted living units. Elderly or handicapped people can, by law, have common household animals living with them in these units. Many times this will also apply to federally funded apartment buildings as well. For people who own service animals, such as guide dogs, this law expands to any suitable housing. The exception to this rule is when the pet becomes a nuisance to other tenants or in general by causing excessive noise, health problems or security and safety issues.
Time Statutes
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Many governments, including New York state and New York City, have laws in place that allow for a certain time period where a landlord can order the removal of a pet before the pet becomes exempt under law. This usually is beneficial to tenants when lease terms do not allow pets. An example is a New York City law that states if a tenant is keeping a pet and the property owner or his employees should be aware of the pet, the property owner has three months to order the pet removed. If the order is not given, then the property owner is willfully allowing the pet to remain by exemption. After this time expires, neither the tenant nor the pet, can be evicted solely because of the presence of the pet. If you keep food bowls, litter boxes, or toys out when employees or the property owner are present, this constitutes reasonable awareness under this law, as this should be a noticeable evidence of a pet being present.
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Legal Issues
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Threatening legal action if you do not remove your pet is illegal. You can go to court, and the court--if it rules for the property owner--will give you a certain period to find a home for your pet. If your property owner asks you to remove the pet, and you do within an agreed-upon time limit, you cannot be evicted for having the pet originally. Your property owner must give written notice that you need to remove your pet.
Lease Terms
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Property owners cannot charge more rent for pets, or set stipulations for tenants with pets, without a written 30-days advance notice. Property owners cannot deny pets unless it is specifically written into a lease. Property owners cannot enter a unit and physically remove a pet without notice or cause. Property owners cannot evict a tenant with a pet without giving written notice in advance using normal eviction guidelines (usually 30 days). Property owners cannot cause health or safety issues for a tenant with pets or for the animal; meaning that the property owner cannot threaten to harm the pet, or attempt to cause harm to the pet.
Deposits
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A property owner cannot withhold a security deposit from a tenant because she owns a pet, but must show that the pet caused damage to the unit. A property owner cannot demand further deposits after renting the unit solely based on a pet living in the unit.
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